§ 2C:35-10d — Prohibition of persons under the legal age purchasing cannabis or cannabis resin.

64. Prohibition of Persons Under the Legal Age Purchasing Cannabis or Cannabis Resin. Consistent with the relevant definitions set forth in section 3 of P.L.2021, c.16 (C.24:6I-33): a. A cannabis establishment licensee, cannabis distributor licensee, or cannabis delivery service licensee, either directly or indirectly by an agent or employee, shall not sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, or give or furnish for consumption, any cannabis items to a person under 21 years of age. b. Any licensee or employee or agent of a licensee who violates subsection a. of this section who sells or otherwise provides a person under 21 years of age cannabis items which, pursuant to section 46 of P.L.2021, c.16 (C.2C:35-10a) are lawful for persons 21 years of age or older to procure for personal use, shall be subject to a civil penalty of not less than $250 for the first violation; $500 for the second violation; and shall be guilty of a petty disorderly persons offense for the third and each subsequent violation; a civil penalty imposed pursuant to this subsection shall be in addition to any penalty that may be imposed pursuant to section 3 of P.L.1999, c.90 (C.2C:33-13.1). Subject to a hearing, a licensee's license may also be revoked, suspended, or otherwise limited. The civil penalties provided for in this subsection shall be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). c. The establishment of all of the following facts by a licensee, employee, or agent, allowing any such person under 21 years of age to procure cannabis items shall constitute a defense to any violation of the provisions of subsection a. of this section: (1) That the purchaser or recipient of the cannabis item falsely represented that the purchaser or recipient was of legal age to make the purchase or receive the cannabis item, by producing a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, a photographic identification card issued by a county clerk, or other form of government-issued identification described in subparagraph (a) of paragraph (6) of subsection a. of section 18 of P.L.2021, c.16 (C.24:6I-35), to determine the consumer's identity and age; (2) That the appearance of the purchaser or recipient was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to purchase or receive the cannabis item; and (3) That the sale or distribution was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was actually of legal age to make the purchase or receive the cannabis item. d. A person under 21 years of age shall not purchase, acquire, or attempt to purchase or acquire a cannabis item, even if the cannabis item may be legally purchased by persons at or above the legal age for purchasing cannabis items. For purposes of this subsection, purchasing a cannabis item includes accepting a cannabis item, and acquiring a cannabis item incudes consuming a cannabis item. e. A person under 21 years of age shall not present or offer to a cannabis establishment, distributor, or delivery service, or the cannabis establishment's, distributor's, or delivery service's agent or employee, any written or oral evidence of age or other personal identifying information that is false, fraudulent, or not actually the person's own, including the use of a driver's license or other government-issued form of identification in violation of section 1 of P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, section 5 of P.L.2003, c.184 (C.2C:21-17.2), or section 6 of P.L.1968, c.313 (C.33:1-81.7), for the purpose of: (1) Purchasing, attempting to purchase, or otherwise procuring or attempting to procure cannabis items; or (2) Gaining access to a cannabis establishment's, distributor's, or delivery service's premises. f. Except as permitted by the commission by rule or regulation, or as necessary on an emergency basis, a person under legal age for purchasing cannabis items may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of persons under legal age for purchasing cannabis items, unless accompanied by and supervised by a parent or legal guardian. g. (Deleted by amendment, P.L.2021, c.25) h. The prohibitions of this section do not apply to a person under the legal age for purchasing cannabis items who is acting under the direction of the commission or under the direction of State or local law enforcement agencies for the purpose of investigating possible violations of the laws prohibiting the sale of cannabis items to persons who are under the legal age for purchasing cannabis items. i. The prohibitions of this section do not apply to a person under the legal age for purchasing cannabis items who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of cannabis items to persons who are under the legal age for purchasing cannabis items. L.2021, c.16, s.64; amended 2021, c.25, s.12.